4
f)
regarding to operative paragraph No. six, FEBEM´s Public Prosecutor
has applied several sanctions for many years to the officers involved in cases
of misconduct. Specifically in the case of Tatuapé Complex, eighteen
proceedings regarding riots occurred within the compound during 2003 and
2005 have been instituted. Nine of them, where the removal from their offices
of the officers involved has been ordered, are in progress or have already
been completed; other five, regarding the deaths of adolescents, are in
progress or have already been completed;
g)
regarding to operative paragraph No. seven, the FEBEM has
participated in work groups of the State and Federal Councils, jointly with
non-governmental organizations and the civil society, in order to let them
participate in the planning of projects and programs that shall be developed in
the Complex;
h)
Before the beginning of the meeting between the parties (supra
Having Seen clauses No. 3 and 4) held on December 16, 2005, the
representatives of the beneficiaries requested the participation of four
organizations during the said meeting, to wit: AMAR, CONECTAS, TRAVESSIA
and FIDDH. As the request was submitted on very short notice, the
participation of the above mentioned organizations was not allowed in the
meeting. Also, during that meeting, it was not possible to come to an
agreement regarding the participation of the representatives in the
implementation of the provisional measures ordered by the Court, and
i)
in order to analyze the validity of the provisional measures, it is
indispensable to exhaust the remedies within domestic jurisdiction. The
“Brazilian legal system provides proper legal precautionary measures in order
to avoid irremediable damage in situations of extreme urgency and gravity.”
Reason for which, according to the State, it would be unnecessary to continue
with these provisional measures.
6.
The brief of observations of February 20, 2006 submitted by the
representatives and its Appendixes, where they exposed information obtained in four
visits to Tatuapé Complex between December 27 and January 31, 2006. In that
presentation, inter alia, the representatives stated that:
a)
the few measures effectively implemented by the State are of long
term nature, reason for which they escape the scope of the implementation of
the provisional measures ordered by the Court;
b)
the arguments of the State regarding the applicability of the
requirement of exhaustion of domestic remedies for the case of provisional
measures disregard the Court jurisprudence on the matter;
c)
the conditions to which the adolescents of Tatuapé Complex are
subjected continue to deteriorate. Thus, on December 5, 2005, during a
search operation, the Fast Action Team apparently fired a rubber bullet at the
young inmates, at a distance of nearly three meters. The projectile impacted
directly in the eye of minor Djalbison Dos Santos Soares, affecting the optical
nerve and entailing the definitive loss of his sight. On December 25, 2005,
according to the account of the inmates of Unit 9, fifteen adolescents went to
the unit roof to join in prayer and to wish a merry Christmas to one another,
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